Barclay Damon
Barclay Damon

Negotiations, Not Hearing, Yield Results for Generator

One of the nation’s largest electricity generators sought to renew a New York State Department of Environmental Conservation State Pollution Discharge Elimination System (SPDES) permit. With environmental groups participating in the process, it was considered a contested administrative hearing to be heard before a DEC administrative law judge (ALJ).

Our attorneys successfully convinced the parties and the ALJ to agree to suspend the hearing and enter into structured negotiations. The move provided the client time to examine options for achieving the Clean Water Act’s Best Technology Available (BTA) requirements for the facility’s cooling water intake structure.

In the end, negotiations yielded favorable terms and conditions for our client.


For More Information on Barclay Damon's Environmental Practice Area:

Frank Bifera

p: 518.429.4224

f: 518.427.3487

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Yvonne Hennessey

p: 518.429.4293

f: 518.427.3472

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